National Catalog of Basic Public Credit Information (2021 Edition) (Draft for Solicitation of Public Comments)

Source with additional materials available here: https://hd.ndrc.gov.cn/yjzx/yjzx_add.jsp?SiteId=365

In order to implement the requirements of the "14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Outline of the Long-term Goals for 2035", the "General Office of the State Council's Guiding Opinions on Further Improving Systems for Restraining the Untrustworthy and Building Mechanisms for Building Creditworthiness that have Longterm Effect" (GuoBanFa(2020)No.49), the National Development and Reform Commission and People's Bank of China, in conjunction with relevant departments (units) have compiled and formed this National Catalog of Basic Public Credit Information, strictly based on laws, administrative regulations, and policy documents of the Party Central Committee and State Council. Each region and each relevant department (unit) shall include relevant information as Public Credit Information in strict accordance with this Catalog, and must not expand the scope of inclusion on their own volition; and is to strictly comply with relevant provisions on keeping state secrets, protecting commercial secrets and personal privacy, to truly strengthen information security management and truly protect the lawful rights and interests of credit subjects.

1. Scope of inclusion as Public Credit Information

In accordance with laws, administrative regulations, and policy documents of the Party Central Committee and State Council, the following information shall be included in the scope of Public Credit Information.

(1) Registration information;

(2) Information on the enforcement of judicial decisions and arbitration;

(3) Administrative permits, administrative penalties, administrative compulsion, administrative confirmation, administrative expropriation, administrative payments, administrative rulings, administrative compensation, administrative rewards, and administrative oversight inspection information;

(4) Information on professional titles and professional qualifications;

(5) Abnormal business (activity) list (status) information;

(6) Information on lists of seriously untrustworthy entities;

(7) Information on the performance of policy contracts;

(8) Information on credit pledges and their fulfillment;

(9) Information on the results of credit appraisals;

(10) Information on honors related to honesty and trustworthiness;

(11) Credit information voluntarily provided by market entities.

2. Information that shall be cautiously included in accordance with law

(1) Information involving state secrets, commercial secrets, or personal privacy, as well as information involving minors and other persons lacking full civil capacity, must not be included in the scope of Public Credit Information except as otherwise clearly provided by laws and regulations.

(2) Personal information involving petitioning, garbage sorting, uncivilized keeping of dogs, uncompensated blood donations, veteran management, religious faith, and so forth must not be included in the scope of Public Credit Information except as otherwise clearly provided by laws and regulations.

(3) The inclusion of personal information such as late payments of property management service fees, public transportation fare skipping, running red lights, and building code violations shall have a clear basis in laws or regulations, shall meet standards such as for serious circumstances or subjective malice, and be upon confirmation by relevant departments in accordance with law.

(4) Where based on circumstances reported by disciplinary inspection organs, relevant organs give administrative punishments, restrictions on credentials and qualifications, or other punishments to persons who gave bribes and intend to include it in the scope of credit information aggregation, they shall solicit the opinions of the relevant disciplinary inspection organs.

3. Aggregation of Public Credit Information in key sectors

In accordance with laws, administrative regulations, and policy documents of the Party Central Committee and State Council, strengthening efforts to aggregate Public Credit Information in the following sectors shall be strengthened.

Government affairs, taxation, investment; bidding, tendering and public resource transactions; finance, food and drugs, production safety, medical and health care, education and scientific research, ecology and the environment, engineering and construction, transport, commercial logistics, agriculture and rural affairs, residential services, intermediary services, culture and tourism, network security [cybersecurity], crop businesses, energy, real estate, advertising, sports, surveying and mapping, and national defense; Pricing, statistics, quality management, payments, labor and employment, social security, fair competition, intellectual property rights, consumer rights protection, and the management of social organizations.

Explanation

In order to implement the decisions and allocations of the Party Central Committee and the State Council on promoting the high quality development of a social credit system, and to clarify the scope of inclusion for Public Credit Information and to protect credit subjects' lawful rights and interests in accordance with the requirements of the "14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Outline of the Long-term Goals for 2035", the "General Office of the State Council's Guiding Opinions on Further Improving Systems for Restraining the Untrustworthy and Building Mechanisms for Building Creditworthiness that have Longterm Effect" (GuoBanFa(2020)No.49), the National Development and Reform Commission and People's Bank of China, in conjunction with the members of the interdepartmental conference on the establishment of a social credit system (hereinafter interdepartmental conference) have compiled this Directory, strictly based on laws, administrative regulations, and policy documents of the Party Central Committee and State Council.

2. "Credit information" as used in this Directory refers to information that can be used to identify, analyze, or judge credit subjects' credit status. "Public Credit Information" as used in this Directory refers to Credit Information produced or acquired in the course of performing legally-prescribed duties or in the provision of public services by state organs or organizations authorized by laws and regulations to have public affairs management duties (hereinafter "state organs").

3. The purpose of this directory is to standardize and delineate the scope of inclusion for Public Credit Information. Except as otherwise provided by laws, regulations, or policy documents of the Party Central Committee and State Council, state organs must not collect Public Credit Information beyond the scope included in this directory. Information that state organs need to acquire to perform their duties that is outside the scope of that listed in this Directory must not be used as Public Credit Information. The scope of Credit Information collected in accordance with law by organizations other than state organs is not limited by this directory.

4. This Directory includes 11 items of Public Credit Information and clarifies key sectors for the collection of Public Credit Information. At the same time, this directory also clarifies information related to natural persons, legal persons, and unincorporated organizations that needs to be included cautiously in accordance with laws and regulations in order to strengthen the protection of rights and interests.

5. Based on this Directory, relevant central departments (units) are to add detail and compile specific items of Public Credit Information for that department (sector). Items of Public Credit Information so included should individually specify the specific corresponding conduct, whether it is open, the scope of sharing, the sources, and channels for aggregation, the frequency of updates, and other such content.

6. Where local regulations have special provisions on what is included in the scope of Public Credit Information, the local unit leading the establishment of the social credit system, in conjunction with the relevant departments (units), may compile a local supplemental directory of Public Credit Information on the foundation of this Directory and the directory items established by relevant state departments (units). Public Credit Information included in local supplemental directories should individually specify the specific corresponding conduct, whether it is open, the scope of sharing, the sources and channels for aggregation, the frequency of updates, and other such content.

7. When compiling related directories or items, each region and each department (unit) is required to be strictly based on laws, regulations, and policy documents of the Party Central Commission and State Council; widely solicit opinions from the market entities, industry associations and chambers of commerce, legal service bodies, experts and scholars, and the societal public in that area or department; send a copy of the directory to the National Development and Reform Commission and People's Bank of China within 5 working days of completing the compilation; and disclose them on the "Credit China" website and the portal websites of relevant departments (units) or local people's governments.

8. Each region and each relevant department (unit) should comply with the principles of legality, propriety, necessity, and minimization in aggregating Public Credit Information in accordance with relevant directories and items. Where personal information is involved, then except as otherwise provided by laws and regulations, is it necessary to indicate the goals, methods, and scope, of aggregating and using the information, and have the person's consent; it is prohibited for any units and individuals to compel authorization or use a single authorization for lifetime collection and use of personal credit information. Requirements for information security and protection are to be strict complied with, and conduct such as leaks, alterations, destruction, and theft of credit information or use of credit information to seek personal gain, is strictly prohibited.

9. In principle, this directory is to be updated annually. Where laws, regulations, or policy documents of the Party Central Committee and State Council make new provisions on the scope of inclusion for Public Credit Information, those provisions are controlling. Updates of Central government departments' (units') Public Credit Information items and local supplemental directories of Public Credit Information, are to be carried out with reference to the requirements above.

10. This directory is to take effect on _____, 2021.